The paper examines selected decisions of the European Court of Justice concerning the dismissal from service of members of the security forces. The article focuses on members' health capacity loss. The paper also highlights related issues such as ordering and reimbursing overtime work and duty readiness. The paper points out how the European Court of Justice case law influences...
The present article discusses the problematic aspects pertaining to the disciplinary sanctions applicable to employees who commit breaches of the rules defining work discipline. It contains an analysis of the categories of disciplinary sanctions provided for by the Labour Code: written warning; demotion, with the salary corresponding to the position to which the demotion was...
Humans and animals have co-existed throughout history. Animals were used for food, clothing, work, but Tobit’s dog in Bible is probably one of first pets ever mentioned. Not just Bible, but other written documents show those relations, mainly concerning either selling animals or resolving damages incurred by animals or by human to someone’s animal. Public administration played...
This article analyses the possible application of the principle of piercing the corporate veil in a local municipality as a measure of fostering and enforcing accountability of the municipal manager and the municipal council in Mahikeng local municipality. The principle of piercing the corporate veil is provided under section 20(9) of the Companies Act 71 of 2008. The piercing of...
The aim of this article is to analyze the data privacy issues related to the technology used in hybrid and virtual alternative dispute resolution (“ADR”) procedures, in accordance with the General Data Protection Regulation (“GDPR”) and generally imposed standard at an international level. The results are obtained through the comparative method and are relevant in identifying the...
The network has become a dominant form of contemporary thought, its constitutive metaphor reinvented during the explosion of networked techniques - the Internet and planetary telecommunications networks. It seems to draw the invisible infrastructure of contemporary society. The figure of the network tends to define the ways in which thought works, being ubiquitous in all...
European countries have made significant progress in strengthening their legal frameworks and policies to prevent and combat child cyberpornography. However, effective prevention and combat efforts require a comprehensive and coordinated approach that involves sharing information and intelligence across borders, cooperating in investigations and prosecutions, and providing...
The purpose of this study is to highlight the importance of the CJEU's referral with preliminary questions, but also to sound an alarm about the laxity with which some national courts allow such requests. We also wish to point out that more and more national courts tend to send requests for preliminary questions to the CJEU which actually appear to be asking for guidance from the...
This paper aims to highlight the role of FinTech in today's modern financial industry. FinTechs are often concentrated in specific activities for which they try to offer a comparative (and competitive) advantage in terms of quality or price, which is achieved through two main ways: (a) by improving the efficiency of companies through cost reduction and productivity enhancement...
According to the Egyptian legal framework, a man is considered to have committed infidelity if he had sexual intercourse with another woman other than his wedded wife and such intercourse must take place within the marital home that he shares with his wife. If a man has sexual intercourse with an unmarried maiden in a hotel, that would not be regarded as an act of adultery. On...
Migration, as a sociological phenomenon, also requires legal regulation, both national and international, and today, for this reason, there are a number of international conventions that regulate migration issues. During socioeconomic formations, migratory movements have never been spontaneous processes, but they have been prompted by a series of factors, such as: economic...
This paper investigates, describes and presents the way and status artificial intelligence is having in the global society that bases on economy, politics, economy, culture and law, the judicious element that is law, the actors and representatives of justice and advocacy could face a threat with the substitution and incorporation of artificial intelligence that challenge the...
The increasing access to cyberspace and its resources is having a significant impact on our societies and our daily lives, profoundly transforming the way we live, work and interact. The importance of cyber security converts into the need to keep information, data and devices private and secure. Cyber-security is an essential element for the flat functioning of all critical...
At first glance, the changes brought by Law no. 102/2023 to administrative litigation concern (only) the time limits: the starting point of the limitation period for bringing an action for annulment of the administrative act for which the prior complaint is no longer mandatory; the time limit within which the suspension of the administrative act that can no longer be revoked...
Today’s financial and banking systems are built on fractional reserve banking. This article sheds light on the role of commercial banks with regards to money creation/production under this system of fractional reserve banking. After exploring the nature of the process of money creation/production, the research paper diligently scrutinizes this process through the lenses of legal...
The study that we will undertake is going to capture a comparative analysis of the aspects related to the vices of consent (error and fraud) and hidden vices. In practice, in the case of a sales contract, the same situation can be classified both in the category of hidden vices and in the category of consensual vices (error or fraud). So, the problem that arises in such cases is...
From the ancient oratories and politicians of ancient Athenian democracy, it has been said that "there can be no greater misfortune for free people than the loss of freedom of speech" (Demosthenes), and in this context, this fundamental right has always been related to nature. human rights, the development of society, including the possibility of human beings to live in a state...
The economic and political development of society is always associated with the worsening of relations between its members. An extreme manifestation of the antisocial orientation of the actions of individual members of society is criminal activity. Criminality not only undermines the authority of state power, but also represents a threat both to the economic stability of society...
Our theoretical approaches combined with judicial practice are motivated by the multitude of divergent opinions that have appeared in the Romanian criminal doctrine regarding these concepts. Thus, most Romanian authors, starting from the premises according to witch all legal norms are transposed by creating legal relations and otherwise ignoring the normative character and the...
The disposition of the return of the forced execution by the court, following the abolition of the enforcement title or the forced execution itself, leads to the creation of a new paradigm, in which the creditor of the forced execution, whose patrimony has increased, becomes the debtor of the obligation of restitution, to the debtor of the forced execution, and which in turn...
Islamic law apportions different responsibilities to males and females because Allah created men with greater physical strength if compared to female counterparts. As a result of this men are mandated to be the protectors and financial providers to women and are given more inheritance if compared to women because of such responsibility. This justification of discrimination is...
Immanuel Kant, after formulating the inaugural dissertation - "De mundi sensibilis atque intelligibilis forma et principiis" - of the philosophy course from 1770, is no longer tributary to others, he is no longer either a rationalist or an empiricist, but surpasses both, reaching the pinnacle of a synthetic concepts that are only his. He promotes a dualistic conception and...
In Romania, people with intellectual or psychosocial disabilities did not have the right to marry, divorce, be parents, adopt children and could not access a bank loan. According to the law, many of these people have been banned by the courts. The current legislative reform in the field emphasizes the degree of autonomy of the protected person, respect for specific needs, will...
This article aims to analyze the limits of the judgment of the admissibility in principle of the extraordinary appeal of the revision of a criminal sentence and the delimitation of the judgment of the merits of such an appeal; we will emphasize, despite some jurisprudential interpretations, that between these two stages there is a link of interdependence, in the sense that the...
Chronic levels of narcissism, animosity, envy, and a fixation with toppling individuals who are thought to be making solid academic progress have grown common in African academies. Anti-progress proponents, whose egocentric behaviour and/or tendencies are linked to “black magic” tactics, no longer regard academic competence/excellence. These African academic “black magicians...